SCHEDULEACAS ARBITRATION SCHEME
XVIII. AUTOMATIC UNFAIRNESS
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In deciding whether the dismissal was fair or unfair, subject to paragraph 17 above (Arbitrator’s Terms of Reference), the arbitrator shall have regard to:
i
any provision of Part X of the Employment Rights Act 1996 (as amended from time to time) requiring a dismissal for a particular reason to be regarded as unfair, and
ii
any other legislative provision requiring a dismissal for a particular reason to be regarded as unfair for the purpose of Part X of the Employment Rights Act 1996.